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Seychelles accedes to SADC Protocol

2nd October 2015

By: Riaan de Lange

  

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The South African Revenue Service (Sars) informed on September 18 of the accession of the Seychelles to the Southern African Development Community (SADC) Protocol on Trade.

This necessitated the inclusion of the Seychelles on General Note K.6 of Schedule No 1 of the Customs and Excise Act, 1964, which states: “Duties on goods to which the Protocol on Trade of the SADC relates – 6. 6. In accordance with the provisions of Article 10 of the Amendment Protocol on Trade in the Southern African Development Community, the member States mentioned in column A have implemented the said Protocol on the dates specified in column B.” The inclusion, effective with retrospective effect from April 1, was requested by Trade and Industry Minister Dr Rob Davies.

Do you know how many SADC member countries there are? Can you name them? There are 15 member countries, namely Angola, Botswana, the Democratic Republic of Congo (DRC), Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, the Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.

How many of these member countries have acceded to the SADC Protocol? Twelve have, and these, with the date of accession in brackets, are Botswana (December 1, 2000), Lesotho (November 10, 2000), Madagascar (October 1, 2007), Malawi (May 1, 2001), Mauritius (September 1, 2000), Mozambique (July 31, 2001), Namibia (June 4, 2001), South Africa (September 1, 2000), Swaziland (October 1, 2000), Tanzania (July 1, 2001), Zambia (March 5, 2001) and Zimbabwe (May 1, 2001).

Currently, Angola and the DRC are the only SADC member countries that still have to accede to the SADC Protocol on Trade, and when this should be expected is anyone’s guess.

If you are involved in trade in the SADC region, you might want to familiarise yourself with General Note K.6, which is reproduced below for your benefit:

“Schedule 1, Customs, Excise and Sales Duties and Surcharge, General Notes. K. Duties on Goods to Which the Protocol on Trade of the SADC Relates.

“1. In this note, the expressions ‘Treaty’, SADC ‘Member State’ or ‘MMTZ Member State’, ‘Protocol’ and ‘Annex I’ relate to the Treaty of the Southern African Development Community, the Protocol on Trade thereof and Annex I of the said Protocol on Trade and its Appendixes, as the case may be, for which meanings are assigned in the definitions contained in the Notes to Part B of the Schedule to the General Notes to Schedule No 1.

“2.(a) The general rate of duty specified in the general column in respect of any heading or subheading in Part 1 of Schedule No 1 applies to imported goods to which such heading or subheading relates if the goods do not qualify for any preferential rate of duty specified in the EU or SADC column. (b) Where the rate of duty in the EU or SADC column is the same as the rate in the general column, no preferential rate of duty is in operation in respect of the said EU or SADC column, as the case may be.

“3.(a) Any rate of duty specified in the SADC column in respect of any heading or subheading of Part 1 of Schedule No 1 which is lower than the rate of duty specified in the general column applies to imported goods to which such headings or subheading relates if such goods originate in a member State of the SADC and comply with any other conditions specified in Annex I and the Notes to Part B of the Schedule to the General Notes to Schedule No 1. (b) Wherever in column (3) of Appendix I to Annex I the words ‘no rule’ appear, the goods classified under the chapters or headings specified in column (1) shall not qualify for any preferential rate of duty speci- fied in the SADC column of Part 1 of Schedule No 1 and the general rate specified in the said Part 1 shall apply to such goods.

“(c) If any goods are imported for the purposes of entry under the preferential rate of duty speci- fied in the SADC column of Part 1 of Schedule No 1 and the certificate or origin is not produced at the time of entry to prove the originating status, such goods shall be dealt with as provided in section 49 (9).

“4. For the purposes of entry of any imported goods at the lower rate of duty specified in the SADC column, the importer shall at the time of entry for home consumption of any consignment produce, together with any documents required to be produced in terms of Section 39, a valid proof of origin and proof that the goods have been consigned directly in accordance with the provisions of Annex I contained in Part B of the schedule to the general notes to Schedule No 1.

“5. Item 460.04 of Schedule No 4, which provides for a rebate of duty in respect of sugar imported from certain SADC member States for the purpose of giving effect to provisions of Annex VII, Concerning Trade in Sugar in the Southern African Development Community, and the Addendum thereto shall come into operation on the date of publication of this amendment in the Gazette.

“6. In accordance with the provisions of Article 10 of the Amendment Proto- col on Trade in the Southern African Development Community, the member States mentioned in column A have implemented the said protocol on the dates specified in column B. COUNTRY: DATE OF IMPLEMENTATION: Botswana, December 1, 2000; Lesotho, November 10, 2000; Madagascar, October 1, 2007; Malawi, May 1, 2001; Mauritius, September 1, 2000; Mozambique, July 31, 2001; Namibia, June 4, 2001; South Africa, September 1, 2000; Swaziland, October 1, 2000; Tanzania, July 1, 2001; Zambia, March 5, 2001; Zimbabwe, May 1, 2001.”

Television Display Panel Rebate
On September, Sars informed of the deletion of Rebate Item 316.17/85.29/02.04 of Part 1 of Schedule No 3 of the Act, 1964 (Industrial Rebates of Customs Duties, Machinery and Mechanical Appliances; Electrical Equipment; Parts thereof, Industry: Reception Apparatus for Television, and Parts thereof), which provided for the partial rebate on display panels for the manufacture of television sets. The tariff amendment is effective from that date.

Rebate Item 316.17/85.29/02.04 reads: “Display panels (excluding any apparatus classifiable in heading 85.28), not equipped or presented with mounted or populated circuit boards designed for purposes other than pixel control, and inverters, whether or not incorporating a back lighting unit but not equipped or presented with any other components, at such times, in such quantities and under such conditions as the International Trade Administration Commission may allow by specific permit, for the manufacture of reception apparatus for television, classifiable in subheadings 8528.72.90 and 8528.73.90.”

The extent of the rebate is full customs duty less 12.2%.

Aluminium Plate Tariff
Comment on Hulamin Operations’ application for the proposed increase in the ‘general’ rate of customs duty on certain aluminium plates, sheets, strips and foil products classifiable under tariff headings 76.06 and 76.07 from free of customs duty to 15% ad valorem is due by October 9.

Edited by Martin Zhuwakinyu
Creamer Media Senior Deputy Editor

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